Writ petition seeking a mandamus to consider an appeal against refusal of layout approval. The court directed the respondents to decide the appeal on merits in accordance with law within eight weeks and disposed of the petition without costs.
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W.P.(MD)No.1799 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.1799 of 2025
M. Santhanaraj ... Petitioner
Vs.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent No.1 herein to consider the petitioner's appeal petition dated 16.12.2024 and pass an appropriate order on merits within a stipulated time as prescribed by this Court.
For Petitioner : Mr.S.Saravanan
For Respondents : Mr.T.Amjadkhan Government Advocate
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W.P.(MD)No.1799 of 2025
ORDER
Mr.T.Amjadkhan, learned Government Advocate takes notice for the
respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2. This Writ Petition is filed seeking to dispose of the appeal dated 16.12.2024, in the matter of approval of a layout pertaining to the petitioner.
3. Heard the learned counsels on either sides and carefully perused the materials available on record.
4 . It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
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W.P.(MD)No.1799 of 2025
respondents to consider the petitioner's appeal petition made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8)
weeks from the date of receipt of a copy of this order.
24.01.2025
NCC : Yes / No Index : Yes / No jbr
TO :-
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W.P.(MD)No.1799 of 2025
L.VICTORIA GOWRI, J.
jbr
Order made in W.P.(MD)No.1799 of 2025
Dated 24.01.2025
1 issue framed by the court
Whether the respondents can be directed to consider the petitioner's appeal dated 16.12.2024 against refusal of layout approval within a fixed time.
1 provisions across 1 enactments
M. Santhanaraj
The Secretary to Government, Housing and Urban Development Department, St.George Fort, Chennai
The Assistant Director, Town and Country Planning Department, Thoothukudi District
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
